GB Article 95: The basics

The GB Article 95 List gives details of the suppliers for active substance/product type combinations that can be used in biocidal products in Great Britain (GB). It is updated regularly.

The GB Article 95 List[68]

If the active substance supplier is not on the GB Article 95 List, then the biocidal product containing that active substance cannot be made available on the GB market. If the active substance supplier does not want to go on the list, the biocidal product supplier/manufacturer could gain their own entry on the list instead.

Making available on the market means any supply of a biocidal product, whether in return for payment or free of charge, at all stages of the supply chain. Some examples of this could include:

  • manufacturer to distributor
  • distributor to retail store
  • retail store to user

All of these stages could be affected if the active substance or product supplier is not on the Article 95 List.

The list is made up of companies, or UK representatives of companies, who:

  • are participants in the GB Review Programme[69]
  • have supported a 'new active substance' for assessment
  • are supporting an active substance as their product was newly in scope when the BPR came into force (an 'Article 93 active substance')
  • have made a submission that complies with Article 95(1) of GB BPR
  • are representing a non-UK company that wants to gain entry to the list

Biocidal products containing 'new active substances' cannot be made available on the market until they have been authorised.

Biocidal product authorisation[70]

All companies on the list have access to a dossier for their listed active substance/product type combination (or have a letter of access to allow another company's dossier to be used on their behalf).

The same approach is followed in Northern Ireland (NI) following the EU Biocidal Products Regulation (EU BPR). The EU Article 95 list and relevant information is available on the European Chemicals Agency (ECHA) website[71].

There may be differences in the status of active substances and product authorisations between the 2 regimes. Check the BPR active substance list[72] and UK authorised biocidal products[73], specifically the NI tabs.

How to get on the GB Article 95 List

If you are supporting an active substance for approval under GB BPR, and you meet the requirements of GB BPR Article 95, you will automatically be added to the list.

Any other supplier of the active substance, or any supplier of products containing the active substance, can apply to be included on the list[74].

Products that must comply

The requirements of Article 95 of GB BPR apply to all biocidal products made available on the GB market, including:

  • products authorised under GB BPR
  • products in the process of getting a GB BPR authorisation
  • products regulated under other national legislation in GB such as the Control of Pesticides Regulations (COPR)[75]
  • products where the active substance/product type combination is still being reviewed
  • products notified to HSE under the Northern Ireland Protocol unfettered access rules

How to demonstrate compliance

All companies making biocidal products available on the GB market must be able to demonstrate a clear auditable purchase/supply trail from a GB Article 95 active substance supplier.

Evidence must:

  • account for each step of the supply chain – from supply of the active substance to the supply of the biocidal product to the user
  • come from the listed GB Article 95 supplier – a distributor of the active substance cannot state that they purchase from a GB Article 95 listed supplier – the GB Article 95 listed supplier must state that they supply the distributor
  • be clear and specific – the active substance or product must be clearly named
  • be in English

Acceptable evidence could be:

  • an invoice
  • a delivery note
  • a letter from a GB Article 95 listed supplier stating that they have a supply agreement with your supplier or they have supplied the active substance to your company

If your product requires GB BPR authorisation, or approval under COPR, you will need to submit this evidence as part of your application. This evidence must also be supplied to HSE or other enforcement authorities if requested.

If your supplier does not wish to share sensitive documentation with you, they can provide it directly to HSE.

Contact HSE[76]

Action for biocidal product formulators, suppliers, and distributors

Biocidal product formulators, suppliers and distributors need to ensure the supplier of the active substance in the biocidal product is included on the GB Article 95 List for the relevant product type.

For some biocidal products there may be multiple steps in the supply chain for the active substance. In these situations, it could be the company at the top of the supply chain or any step in the supply chain that is included on the list.

Biocidal product formulators, suppliers and distributors should regularly check their active substance supplier is still included on the list.

Active substance supplier is not listed

If the active substance supplier is not listed or has been removed from the GB Article 95 List, the law prohibits biocidal products using that active substance supplier being made available on the GB market.

If the product has already been made available on the GB market, for example by the formulator to the distributor, the law prohibits the distributor from supplying it any further in GB.

The law does not prohibit use of stocks of products that had already been supplied before your supplier was removed from the list.

To continue supplying your biocidal product in compliance with Article 95, you will need to change to a compliant active substance supplier or apply to get on the GB Article 95 List yourself. You should do this as soon as possible in order to maintain access to the GB market.

Changing your supplier

If you change your active substance supplier, you may need to inform HSE.
You must apply to HSE:

  • to change your GB BPR product authorisation where there is a change to the manufacturer’s identity or manufacturing location or process
  • for an amendment to your COPR approval where there is any change

You do not need to notify HSE:

  • under GB BPR, for a change in supplier where there is no change to the manufacturer’s identity or manufacturing location or process, no action is required
  • if you supply biocidal products that do not currently require GB BPR authorisation or COPR approval, no further action is required - you should however be able to demonstrate your compliance with GB Article 95 if challenged by enforcement authorities

Open invitations and suspended entries

Under certain circumstances HSE may open an invitation for companies to notify HSE that they want to take over the role of participant for an active substance/product type combination in the GB Review Programme. Our guidance on open invitations and notifications[77] includes information on how to submit a notification by the given deadline and links to current open invitations (PDF) [78].

For the entire duration that an active substance is going through the open invitation process in GB (including the dossier submission step) it’s suspended from the GB Article 95 List and Article 95 no longer applies. While the active substance is suspended it is moved to the suspended entries tab on the list.

After a successful open invitation period including submission and validation of the dossier, Article 95 applies again and all suppliers go back onto the list. There is a period of 12 months for additional Article 95 suppliers to resubmit data/letters of access to HSE if required, this will be specified on the list. If no submission is made within this time period the supplier will be removed from the list.

If the open invitation process is not successful the active substance is no longer supported in the GB Review Programme and is awaiting a non-approval decision. GB Article 95 does not apply during this time and entries will remain on the ‘suspended entries’ tab of the list. Once a non-approval decision is taken, suppliers will be moved to the ‘removed entries’ tab of the list and products must be phased off the market.

Removal from the GB Article 95 List

Entries may be removed from the list for the following reasons:

Expired

If an active substance approval has expired (for example, because no renewal application was submitted) it can no longer be used in biocidal products of the relevant product type.

Withdrawn

If the application for active substance approval has been withdrawn by the applicant, it can no longer be used in biocidal products of the relevant product type.

Supplier request

If a supplier requests to be removed from the GB Article 95 List, biocidal products containing this source of active substance in the relevant product type do not comply with GB Article 95 requirements.

Not approved

If an active substance is not approved for use in biocidal products of the listed product types in GB following a non-approval decision it will be removed from the list once any relevant phase out period has expired.

Transitional requirements not met

The supplier has not met the transitional requirements (data and establishment). Biocidal products containing this source of active substance in the relevant product type do not comply with GB Article 95 requirements.

Link URLs in this page

  1. Biocideshttps://www.hse.gov.uk/biocides/index.htm
  2. Biocides: Introductionhttps://www.hse.gov.uk/biocides/introduction.htm
  3. Overviewhttps://www.hse.gov.uk/biocides/regulated/index.htm
  4. Biocides: active substance statushttps://www.hse.gov.uk/biocides/checking/index.htm
  5. Importing and exportinghttps://www.hse.gov.uk/biocides/importing.htm
  6. Certificates of Free Sale and Export Statementshttps://www.hse.gov.uk/biocides/certificates-of-freesale.htm
  7. Treated articleshttps://www.hse.gov.uk/biocides/treated-articles.htm
  8. Monitoring trapshttps://www.hse.gov.uk/biocides/monitoring-traps.htm
  9. Article 3(3) decisions on scopehttps://www.hse.gov.uk/biocides/decisions-on-scope.htm
  10. In situ generationhttps://www.hse.gov.uk/biocides/in-situ-generation.htm
  11. Get product on UK markethttps://www.hse.gov.uk/biocides/market.htm
  12. Overviewhttps://www.hse.gov.uk/biocides/using.htm
  13. Honey beeshttps://www.hse.gov.uk/biocides/honey-bees.htm
  14. Rodenticideshttps://www.hse.gov.uk/biocides/rodenticides.htm
  15. Reporting exposurehttps://www.hse.gov.uk/biocides/reporting.htm
  16. Biocides enforcementhttps://www.hse.gov.uk/biocides/enforcement.htm
  17. Authorities and activitieshttps://www.hse.gov.uk/biocides/enforcement-authorities.htm
  18. Overviewhttps://www.hse.gov.uk/biocides/active-substance-approval.htm
  19. UK Review Programmehttps://www.hse.gov.uk/biocides/review-regulation.htm
  20. Active substances: How to applyhttps://www.hse.gov.uk/biocides/how-to-apply.htm
  21. Simplified active substanceshttps://www.hse.gov.uk/biocides/simplified-actives.htm
  22. The GB List of Active Substanceshttps://www.hse.gov.uk/biocides/uk-list-active-substances.htm
  23. GB Article 95: The basicshttps://www.hse.gov.uk/biocides/uk-article-95-basics.htm
  24. GB Article 95: How to applyhttps://www.hse.gov.uk/biocides/uk-article-95-how-to-apply.htm
  25. The GB Article 95 Listhttps://www.hse.gov.uk/biocides/uk-article-95-list.htm
  26. Technical equivalence of an active substancehttps://www.hse.gov.uk/biocides/technical-equivalence.htm
  27. Overviewhttps://www.hse.gov.uk/biocides/product-authorisation-overview.htm
  28. National authorisationhttps://www.hse.gov.uk/biocides/national-authorisation.htm
  29. Simplified authorisationhttps://www.hse.gov.uk/biocides/simplified-product-authorisation.htm
  30. Same biocidal product authorisationhttps://www.hse.gov.uk/biocides/same-biocidal-product.htm
  31. Change or cancel a biocidal product authorisationhttps://www.hse.gov.uk/biocides/change/index.htm
  32. Renew an existing product authorisationhttps://www.hse.gov.uk/biocides/renew.htm
  33. Research and developmenthttps://www.hse.gov.uk/biocides/research.htm
  34. Essential use authorisationhttps://www.hse.gov.uk/biocides/essential-use-authorisation.htm
  35. Critical situation permitshttps://www.hse.gov.uk/biocides/critical-situation-permits.htm
  36. Food and feed derogationshttps://www.hse.gov.uk/biocides/derogation.htm
  37. Unfettered access notificationhttps://www.hse.gov.uk/biocides/unfettered-access-notification.htm
  38. Overviewhttps://www.hse.gov.uk/biocides/uk-authorised-biocidal-products.htm
  39. Advertisement requirementshttps://www.hse.gov.uk/biocides/advertisement-requirements.htm
  40. Packaging and labelling requirementshttps://www.hse.gov.uk/biocides/packaging-labelling-requirements.htm
  41. Record keepinghttps://www.hse.gov.uk/biocides/recording-keeping-reporting.htm
  42. Informing NPIShttps://www.hse.gov.uk/biocides/informing-npis.htm
  43. Overviewhttps://www.hse.gov.uk/biocides/data-protection.htm
  44. Access to documents: Biocidal active substances and productshttps://www.hse.gov.uk/biocides/access-to-documents.htm
  45. Data sharing in GBhttps://www.hse.gov.uk/biocides/data-sharing.htm
  46. Vertebrate testinghttps://www.hse.gov.uk/biocides/vertebrate-testing.htm
  47. GB BPR feeshttps://www.hse.gov.uk/biocides/fees.htm
  48. Biocides regulationshttps://www.hse.gov.uk/biocides/regulations.htm
  49. Northern Irelandhttps://www.hse.gov.uk/biocides/northern-ireland.htm
  50. Existing products: Transfer to GB BPRhttps://www.hse.gov.uk/biocides/transfer-from-uk-national-law.htm
  51. Existing NI products: transfer to EU BPRhttps://www.hse.gov.uk/biocides/existing-products-northern-ireland.htm
  52. Overviewhttps://www.hse.gov.uk/biocides/copr/index.htm
  53. COPR approval: how to applyhttps://www.hse.gov.uk/biocides/copr/application.htm
  54. COPR product approval typeshttps://www.hse.gov.uk/biocides/copr/approvals.htm
  55. COPR approved productshttps://www.hse.gov.uk/biocides/copr/approved.htm
  56. COPR feeshttps://www.hse.gov.uk/biocides/copr/fees.htm
  57. COPR labellinghttps://www.hse.gov.uk/biocides/copr/labelguidance.htm
  58. Conditions of approvalhttps://www.hse.gov.uk/biocides/copr/conditions.htm
  59. Open invitations and notificationshttps://www.hse.gov.uk/biocides/open-invitations-notifications.htm
  60. Consultations and surveyshttps://www.hse.gov.uk/biocides/consultations.htm
  61. Consultations: Submitting informationhttps://www.hse.gov.uk/biocides/consultations-submitting.htm
  62. Overviewhttps://www.hse.gov.uk/biocides/information.htm
  63. Glossaryhttps://www.hse.gov.uk/biocides/glossary.htm
  64. Useful linkshttps://www.hse.gov.uk/biocides/links.htm
  65. Contacthttps://www.hse.gov.uk/biocides/contact.htm
  66. Service standardshttps://www.hse.gov.uk/biocides/servicestandards.htm
  67. Temporary changes to GB biocides application processing timeshttps://www.hse.gov.uk/biocides/temporary-changes-application-processing-time.htm
  68. The GB Article 95 Listhttps://www.hse.gov.uk/biocides/uk-article-95-list.htm
  69. GB Review Programmehttps://www.hse.gov.uk/biocides/review-regulation.htm
  70. Biocidal product authorisationhttps://www.hse.gov.uk/biocides/product-authorisation-overview.htm
  71. European Chemicals Agency (ECHA) websitehttps://echa.europa.eu/regulations/biocidal-products-regulation/approved-suppliers
  72. BPR active substance listhttps://www.hse.gov.uk/biocides/uk-list-active-substances.htm
  73. UK authorised biocidal productshttps://www.hse.gov.uk/biocides/uk-authorised-biocidal-products.htm
  74. apply to be included on the listhttps://www.hse.gov.uk/biocides/uk-article-95-how-to-apply.htm
  75. the Control of Pesticides Regulations (COPR)https://www.hse.gov.uk/biocides/regulations.htm
  76. Contact HSEhttps://www.hse.gov.uk/biocides/contact.htm
  77. guidance on open invitations and notificationshttps://www.hse.gov.uk/biocides/open-invitations-notifications.htm
  78. current open invitationshttps://www.hse.gov.uk/biocides/assets/docs/open-invitations.pdf
  79. The lawhttps://www.hse.gov.uk/biocides/information.htm#law
  80. The GB Article 95 Listhttps://www.hse.gov.uk/biocides/uk-article-95-list.htm
  81. More resourceshttps://www.hse.gov.uk/biocides/information.htm
  82. Brexit: Implications for Northern Irelandhttps://www.hse.gov.uk/biocides/northern-ireland.htm
  83. GB Article 95: How to applyhttps://www.hse.gov.uk/biocides/uk-article-95-how-to-apply.htm

Glossary of abbreviations/acronyms on this page

COPR
Control of Pesticides Regulations

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Updated 2025-03-12